On June 1, Ben called Shawn on the telephone and offered to purchase Shawn's 10-unit apartment building for three million dollars.The two also agreed that the closing would take place on August 1 and that Ben would give Shawn a $300,000 down payment.Shawn accepted the telephone offer immediately, and the next day, received and deposited Ben's down payment check for $300,000.

On June 1, Ben also called James and offered to employ James for one year as the building's superintendent commencing on August 1.James immediately accepted Ben's offer.

On July 1, Ben changed his mind about both decisions. Ben notified Shawn and James that he did not intend to go through with either contract. In the following two lawsuits, Ben pleads the statute of frauds as his defense.

(a)In an action by Shawn against Ben for breach of contract, judgment for whom?Explain fully.

(b)In an action by James against Ben for breach of contract, judgment for whom? Explain fully.